Court approves controversial Islamic school

The building of a 1200-student Islamic school will go ahead in southwestern Sydney after the local council lost an appeal.

The primary and secondary school will be built in Bass Hill following years of conflict with residents following the land's sale in 2006.

Bankstown City Council rejected the proposal in 2007 following angry resistance from the public.

The school's financiers, Al Amanah College, successfully appealed the decision in December despite arguments against its construction including increased traffic and noise pollution.

Senior Commissioner John Roseth also made mention of the "elephant in the courtroom" — addressing accusations that the refusal was based on racial reservations.

Senior Commissioner Roseth even questioned "whether the council would have raised quite as many contentions as it did if the application had been for an Anglican school".

A resulting internal appeal by the council was not directed against the school itself, but rather challenged the Senior Commissioner's ruling - claiming there was an error of law in regards to considering the local environment plan.

But Justice Peter Briscoe rejected the action and awarded costs against the council, Fairfax media reports.

"In my opinion, having regard to the way the case was presented to him, the Senior Commissioner did not make any error of law, let alone an error of law that would justify intervention on appeal," Justice Biscoe wrote in his judgment this week.

Al Amanah College principal Mohamad El Dana was relieved his group had cleared the final legal hurdle.

"We are very pleased with the decision because we feel like justice has been achieved," the Sydney Morning Herald reported Mr El Dana as saying.

"There is no reason for any fear. We will be working for the benefit of the community as a whole."

Meanwhile, the Muslim group behind the controversial application to build a 900-pupil school in Camden has also lodged an appeal.

Camden Council refused permission to build the $19 million Islamic school after fierce public resistance.